Introduction

The full Bill draft is at the bottom of the page.

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Summary

Hold harmful parents accountable for repeated custody interference, safeguarding the child’s right to maintain a relationship with BOTH parents.

Amend the “𝟑 𝐒𝐭𝐫𝐢𝐤𝐞𝐬 𝐋𝐚𝐰” of the Criminal Code  as follows: 

Get a warning the 1st time,

A fine the 2nd time.

The 3rd time is criminal contempt or mischief to a court order under the Criminal Code of Canada, section 127 or section 430.

 

3 Strikes Law Amendment

Draft Legislation Title:

An Act to Protect Children’s Right to Both Parents and Establish Criminal Penalties for Repeated Interference with Court-Ordered Parenting Time

(Short Title: “Canadian Three Strikes Law – Parental Interference Accountability Act”)

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Preamble:

Whereas the Parliament of Canada recognizes that a child’s best interests are served by having maximum contact with both parents, and that interference with parenting time undermines court authority, causes harm to children, and leads to repeated litigation;

Whereas courts across Canada continue to see non-compliance with parenting orders and increasing reports of unjustified denial of access or alienation of a parent;

And whereas there is a compelling public interest in protecting court-ordered parenting arrangements and establishing a clear deterrent for repeat offenders;

Whereas 75% of the time that children spend with their parents in their life is gone by the age of 12

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1. Definitions

 In this Act:

• “Parenting order” includes any order, judgment, agreement filed with the court, or decree made under the Divorce Act, a provincial Family Law Act, or equivalent legislation granting parenting time, decision-making responsibility, or access.
• “Interference” means the unjustified denial, obstruction, delay, or refusal to comply with a parenting order without a lawful excuse or contrary court authorization.
• “Strike” refers to a final judicial finding of non-compliance with a parenting order resulting in a contempt finding, enforcement order, or compensatory relief under applicable family legislation.

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 2. Application

This Act applies across all provinces and territories and operates concurrently with existing federal and provincial family laws, including the Divorce Act, Criminal Code, and applicable provincial family statutes.

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3. First Finding (Strike One) — Mandatory Judicial Warning

Upon a court’s first finding that a party has interfered with a parenting order without lawful excuse:

• The court shall issue a formal written warning identifying the misconduct, advising that future violations may result in criminal referral or escalated civil penalties.
• The court shall order compensatory parenting time under section 16.1(6) of the Divorce Act or equivalent provincial statute, unless it is demonstrably not in the child’s best interest.

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4. Second Finding (Strike Two) — Mandatory Compensatory Time and Costs

Upon a second judicial finding of interference with a parenting order:

• The court shall again order compensatory time unless not in the child’s best interest.
• The court shall award solicitor-client costs and may order reimbursement for legal fees, travel expenses, and counselling related to the alienating conduct.
• The court shall consider modifying the existing parenting arrangement to prevent the recurrence of interference.

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5. Third Finding (Strike Three) — Criminal Referral and Custody Consequences

Upon a third judicial finding of interference:

• The matter shall be referred to the Attorney General of the province or the Crown Prosecutor for consideration of criminal contempt or mischief to a court order under the Criminal Code of Canada, section 127 or section 430.
• The court may, upon hearing, suspend or reverse parenting rights of the offending party if such modification is in the child’s best interests under section 16 of the Divorce Act or relevant provincial law.
• Any such finding shall be reported to the relevant child protection, school, and custody enforcement agencies for monitoring and compliance purposes.

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6. Records and Public Reporting

Each court of record shall maintain a public (non-identifying) registry of enforcement statistics, including findings of parental interference, penalties issued, and compliance with parenting orders. The Minister of Justice shall prepare an annual report to Parliament on compliance rates and barriers to enforcement.

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7. Right of Appeal Preserved

Nothing in this Act shall limit the right of a party to appeal an interference finding, but such appeal shall not stay enforcement or delay compensatory relief unless ordered by a court.

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8. Indigency and Due Process Protections

No parent shall be penalized for failure to facilitate parenting time due to financial impossibility, family violence, or safety concerns, if the parent has made reasonable efforts to seek court guidance or file for a variation in advance.

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9. Enforcement and Jurisdiction

• This Act shall be read in harmony with federal and provincial laws respecting family orders, and courts shall interpret this Act liberally in favour of enforcement and deterrence.
• Provinces are encouraged to enact complementary statutes to codify compensatory time and parental alienation remedies under provincial family law regimes.

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10. Commencement

This Act shall come into force six months after receiving Royal Assent to allow for implementation, judicial training, and public education.